Campbell v. Spectrum Automation Co. - 513 F.2d 932 (6th Cir. 1975)

Rule:

35 U.S.C.S. § 282 requires that a patent shall be presumed valid, and the burden of establishing invalidity of a patent shall rest on a party asserting it. This provision codifies the law prior to its enactment. Even though this presumption makes patentees heavily favored as a class of litigants, it leaves unspecified the quantum of proof necessary to meet the burden of establishing invalidity.

Facts:

Plaintiff patentee brought action against defendant for infringement. Defendant counterclaimed, contending that the patent was invalid and therefore could not be infringed, as plaintiff was not the true inventor. The district court held the patent to be invalid on a number of grounds, including the one alleged by defendant. Plaintiff appealed, contending there was a presumption of validity under 35 U.S.C.S. § 282.

Issue:

Was the plaintiff in question valid, thereby warranting the defendant’s liability for infringement? 

Answer:

No.

Conclusion:

The court affirmed the district court. It agreed that plaintiff was not the inventor of the patent in suit. Based on review of the record, the court found evidence sufficiently strong to satisfy the clear and convincing standard, and it held that the district court was correct in finding that defendant had carried that heavy burden. Accordingly, the court held that the district court's findings of fact and determinations of credibility, coupled with the corroboration, sustained the heavy burden necessary to establish that plaintiff was not the true inventor. Under 35 U.S.C.S. §102(f), therefore, the patent was invalid and there was no infringement.